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How can Joe's estate move the mobile home after his death?

How can Joe's estate move the mobile home after his death?

Full question:

Joe owns a lot. He allows his daughter and son in law to park a mobile home on the lot. They get divorced and file for bankruptcy. The lender forecloses on the mobile home but does not reposess it because the appraisser claims that it is not worth hauling away. The mobile home sits for six years. Joe dies and the estate needs to sell the lot but must have a clear title on the mobile home to remove it. How can we have the mobile home moved?

Category: Personal Property
Subcategory: Mobile homes
Date: 04/07/2025
State: California

Answer:

In California, the management of a mobilehome park has specific responsibilities regarding mobilehomes, especially in cases of abandonment or nonpayment of rent. According to California Civil Code Section 798.55, if a mobilehome remains in the park without rent being paid for at least 60 days, the management can consider it abandoned.

To address the situation with the mobile home on Joe's lot, the estate may need to follow these steps:

The management should post a notice of belief of abandonment on the mobilehome and send copies to the homeowner and any known registered owners or lienholders.
After 30 days from posting the notice, the management can file a petition in court for a judicial declaration of abandonment.
If the court finds the mobilehome abandoned, it will allow the management to sell the mobilehome and clear the title.

Additionally, if the mobilehome is deemed abandoned, the management can conduct a public sale of the mobilehome and its contents after following proper legal procedures. The proceeds from the sale can be used to cover any outstanding charges owed to the management.

For further assistance, it may be beneficial to consult with a legal professional who specializes in mobilehome law to ensure compliance with all necessary legal requirements.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens to a mobile home if the owner files for bankruptcy?

When a mobile home owner files for bankruptcy, the lender may initiate foreclosure proceedings. However, if the lender chooses not to repossess the mobile home due to its condition or other factors, the mobile home may remain on the property. The estate of the deceased owner may then need to address the mobile home's status, especially if it affects the sale of the property. Legal steps may be required to clear the title before any sale can occur.

Can a mobile home be considered abandoned?

Yes, a mobile home can be considered abandoned under California law if it has been left in a mobile home park without rent payment for at least 60 days. The park management can then follow specific procedures, including posting a notice and potentially filing a court petition to declare the mobile home abandoned. This process allows for the legal sale of the mobile home to clear the title.

What steps should be taken if a mobile home is abandoned?

If a mobile home is suspected to be abandoned, the management must post a notice of belief of abandonment on the home and notify any known owners or lienholders. After 30 days, if no response is received, management can file a petition in court for a judicial declaration of abandonment. If the court agrees, the management can sell the mobile home and clear the title, following legal procedures.

How can I legally sell an abandoned mobile home?

To legally sell an abandoned mobile home, follow the abandonment procedures outlined in California Civil Code Section 798.55. This includes posting a notice of abandonment and filing a court petition if no response is received. Once the court declares the mobile home abandoned, you can proceed with a public sale, ensuring compliance with all legal requirements. The proceeds can be used to cover any outstanding charges.

What should I do if I inherit a property with an abandoned mobile home?

If you inherit property with an abandoned mobile home, first determine the mobile home's status. You may need to follow the legal process to declare it abandoned, which includes notifying any lienholders and possibly filing a court petition. Consulting with a legal professional experienced in mobile home law can help ensure you navigate the process correctly and comply with all necessary legal requirements.